Berkman Henoch Successfully Defends the Town of Hempstead

Randy Nissan successfully defended the town in an action seeking substantial monetary damages for the emotional distress caused by the mistaken burial of Plaintiffs’ decedent in the wrong burial plot and the subsequent disinterment and re-interment in the proper plot without the knowledge or consent of the Plaintiffs. The Appellate Division, Second Department ruled that damages for emotional distress were not recoverable as the common law right of sepulcher was not violated nor did the actions of the defendants constitute a desecration.

See Toppin v. Town of Hempstead